HomeMy WebLinkAbout2003-09-23 CC Resolution - Unsigned II 1111
RESOLUTION NO.
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND APPROVAL
BY THE CITY COUNCIL FOR THE REQUEST BY J. MICHAEL AND
CAROLYN DVORAK FOR A REAR YARD SETBACK VARIANCE FOR
PROPERTY LOCATED AT 5898 OLINDA AVENUE NORTH
WHEREAS, the City of Oak Park Heights has received a request from J. Michael and
Carolyn Dvorak for a rear yard setback variance for property located at 5898 Olinda Avenue, and
after having conducted a public hearing relative thereto, the Planning Commission of Oak Park
Heights recommended that the application be approved. The City Council of the City of Oak
Park Heights makes the following fmdings of fact:
1. The real property affected by said application is legally described as
follows, to wit:
SEE ATTACHMENT A;
and
2. The applicants have submitted an application and supporting
documentation to the Community Development Department consisting of the following items:
SEE ATTACHMENT B;
and
3. The subject property is zoned R -2, Low and Medium Density
Residential which establishes a minimum rear yard setback of 30 feet; and
4. The applicants are proposing to construct an attached screen porch
(resulting in a variance of eight feet), and
5. The City staff prepared a planning report dated August 5, 2003 and
memorandum dated September 4, 2003 reviewing the request and recommended that the
request be denied; and
6. The Planning Commission held a public hearing at their September 11,
2003 meeting, took comments from the applicants and public, closed the public hearing, and
recommended approval of the variance request based on the following fmdings:
a. The subject property is unique in regard to its shallowness.
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b. The physical constraints of the property are not a result of actions by the applicants.
c. Alternative locations for the proposed home addition are not practical.
d. The property's excessive front yard setback results in a limited rear yard area.
e. The porch, as designed, requires the minimum variance necessary to accomplish the
intended purpose of the applicant.
f. The porch and necessary variance does not create an inconvenience to neighboring
properties. Surrounding property owners have indicated support for the variance.
g. The property was originally developed under Baytown Township /Washington County
standards, not under the zoning requirements of the City of Oak Park Heights.
h. The special circumstances related to the east rear yard setback do not result from the
actions of the applicant.
i. Denial of the variance may deprive the applicant of rights enjoyed by other properties
in the neighborhood.
NOW, THEREFORE, BE IT RESOLVED BY CITY COUNCIL FOR THE CITY
OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE
FOLLOWING:
A. The application submitted by J. Michael and Carolyn Dvorak for an eight foot variance
from the required 30 foot rear yard setback affecting the real property as follows:
SEE ATTACHMENT A
Be and the same as hereby recommended to the City Council of the City of Oak Park Heights
for approval.
Approved by the City Council of the City of Oak Park Heights this 23` day of
September 2003.
David Beaudet, Mayor
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ATTEST:
Eric A. Johnson, City Administrator
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